The practice of polygraphing rape victims...Should it actually be allowed?

Question

My question comes from information obtained from a very small police department. I found that they routinely polygraph any rape victim who doesn't fit the stereotypical "hysterical" rape victim, anyone who wasn't so seriously injured they couldn't have consented, any time there isn't strong DNA evidence, anytime the victim showered prior to calling police and so on. I am just wondering, with several states that have banned requesting or requiring polygraphs of rape victims, if this practice actually serves a good purpose. Does it actually do anything except beak down a rape vicitms already broken sense of trust and self worth? Further, how can a rape victim pass a polygraph and have the test be accurate given the emotional and personal nature of the crime of rape? The very nature of rape is it leaves the victim nervous, anxious and upset. Thoughts??

Answer 1

Polygraphs are not allowed in court anyway, so if you're saying the police is demanding and forcing polygraphs on the victims, then that would be illegal. but if the victims voluntarily agree to it, then it's fine. suspects of crimes are also not forced to take polygraphs and results are not allowed in court.

Answer 2

Polygraphs are usually done only as a last resort - when there is no supporting evidence (trauma, fingerprints, DNA etc.) The problem that exists is that it could come down to he said - she said and there is no way to get a conviction.

A rape victim needs to be treated courteously and with respect - not bullied or in a disbelieving way. A rape victim is able to pass a polygraph because her "emotional state" will exist throughout all questions asked - even routine questions like her name. age and address. She will be asked purposely lie to a few questions to see her response and reaction on the graph paper. The operator can see these reactions on those parts attributed to the emotional state. Although polygraph tests are not admissible in court, they do help in the investigative part of the crime.

Answer 3

Since polygraphs are not allowed as evidence in a courtroom, the only reason this police would want to give the test to a victim would be to help the prosecuting attorney decide whether to bring criminal charges against the rapist. If physical evidence of the rape is absent or very, very weak, then the prosecutor knows that the only chance he or she has to win a conviction will totally depend on the credibility of the victimi. I suppose a lie detector test, USED ONLY AS A TOOL TO ASSIST THE PROSECUTOR TO DECIDE WHETHER TO BRING CHARGES, might be OK...... especially if the prosecutor would not otherwise prosecute the alleged rapist. That is the only possible reason I can think of that a lie detector test would be acceptable. Generally, however, I would hope the prosecutor would not require it, but would go ahead and pursue the charges if the victim - without any lie detector test - appears to the prosecutor to be credible.

Answer 4

Polygraphing a rape victim is wrong. The victim should not be placed into this type of situation, reliving there own personal trauma because their reactions aren't meeting someones definition of "typical". There is not a typical response to being raped. It is probably going to do more harm to the victim, than what has already been done.
This type of response is why more than 50% of rapes actually go unreported, if the victim is going to be confronted with a disbelieving attitude from law enforcement then why should they come forward.

Answer 5

Brief answer: no.

Long Answer: I think it's worth researching different aspects of shock people experience following a trauma. My understanding of the polygraph testing is that it measures stress-response as an indicator of deception. As you mentioned, anyone experiencing anxiety, disgust, etc in recounting it, or having to defend their report while seeking help, is likely to create a "false positive". Another aspect of shock can be shutting down, going numb. In this aspect, the person may have a very flat demeanor, but it doesn't mean they are in a healthy state.

To head off some potential comments: do victims lie? Yes, for a variety of reasons, including hiding the assault, or embarrassing details. Things like this test just serve to discourage reporting when departments don't want to investigate a messy, complicated crime.

Answer 6

1. I think it is illegal

2. If you fail the polygraph (which has never been proved to be even significantly accurate which is why they are not allowed as evidence or to be mentioned in any court in any state), and the police fail to properly investigate, I think you would have a great lawsuit.

I find that www.findlaw.com is an excellent resource for this type of question. I would ask your question on that forum.

Answer 7

Being a rape victum myself---I don;t think i would have been in the right state of mind for them to be asking all those questions about the incident----I think this will stop even more people from comign forward in a rape---over half the rapes in this country go un reported as it is.

I never told--and for those of you who are thinking---well why didn;t she tell? thats so dumb or whatever---you don't understnad what i went through or been through---i was scared of them and couldn't even say the word rape till years later.

Rape takes away a part of you---and to ask these woman to be questioned by poilce like some common criminal is obserd and jsut plan upsetting to me

ok ive said my peice---sorry so long

Answer 8

I think that it should be allowed..... simply because people lie. If you had consenting sex with a woman and for some reason she was pissed at you later on..... she could cry rape. It's only fair to the accused to cover all the areas when there is doubt. If it's an obvious rape then of course it's not necessary.

Answer 9

I don't think that it is nice idea to poligrafing rape victims...Almost all victim not only trying to forget the rape, but try to hide that they were raped! It is gonna be unligal without theirs permission to print such photo/ in my coutry court in wich case about rape is going R close for everyone exept those people who in case.

Answer 10

That's one of the questions reliving hasn't being able to answer, the way I see it God gave us free will so we could make mistakes and learn from them, the rapist and the children have memories and feelings that will make them think and learn, if nothing bad ever happened how could people learn why we shoudnt do "bad" things?